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Energy Policy Electric Generation Suppliers Federal Energy Regulatory Commission

Spilman Thomas & Battle, PLLC

Extending the Lives of Fossil Fuel Power Plants Based on Arguably Tenuous Assumptions May Increase Power Prices

In July, the Trump administration’s Department of Energy (DOE) issued a report on the adequacy of electric generation resources to meet the current and projected demand for electricity. The DOE report ostensibly supports the...more

Mayer Brown

FERC Ends Reactive Power Compensation

Mayer Brown on

On October 17, 2024, the Federal Energy Regulatory Commission (FERC) issued Order No. 904, Compensation for Reactive Power Within the Standard Power Factor Range (the “Final Rule”), determining it unjust and unreasonable for...more

Troutman Pepper Locke

FERC Dismisses Challenges Related to Market-to-Market Coordination over Data Center-Constrained Flowgate

Troutman Pepper Locke on

On September 10, 2024, FERC issued an Order denying two complaints. The first complaint was filed on January 23, 2023 by Montana-Dakota Utilities Company (“MDU”) against Midcontinent Independent System Operator, Inc....more

Troutman Pepper Locke

Troutman Pepper Summary of FERC Order No. 2023 on Generator Interconnection Reform

Troutman Pepper Locke on

On July 28, the Federal Energy Regulatory Commission (FERC or the Commission) issued Order No. 2023 (Order No. 2023 or Final Rule), which updates the procedures for interconnecting large generating facilities (20MW and above)...more

Perkins Coie

FERC Greenlights PJM and New Jersey Offshore Wind Transmission Agreement

Perkins Coie on

The Federal Energy Regulatory Commission (FERC), on April 14, 2022, accepted a “State Agreement Approach” Agreement (SAA Agreement) between PJM Interconnection, LLC (PJM) and the New Jersey Board of Public Utilities (NJ...more

Troutman Pepper Locke

The Nexus of Transmission and Storage: A Conversation With American Transmission Company GC and Executive VP Bill Marsan - Battery...

Troutman Pepper Locke on

Supercharged and back online, Troutman Pepper’s Battery + Storage Podcast kicks off Season Three with guest Bill Marsan, American Transmission Company executive vice president and general counsel. In this episode, podcast...more

Akin Gump Strauss Hauer & Feld LLP

PJM Board Moves Forward with MOPR Overhaul

The board of managers of PJM Interconnection, L.L.C. (PJM) has directed PJM to prepare a proposal for filing with the Federal Energy Regulatory Commission (FERC) that will substantially reform the Minimum Offer Price Rule...more

Morgan Lewis - Power & Pipes

FERC Issues Order Clarifying Affiliate Relations for Institutional Investors Under FPA Section 205

On March 18, FERC issued a highly anticipated order denying the petition for declaratory order filed by several electric public utilities addressing the extent to which equity ownership of multiple utility holding companies...more

Morgan Lewis - Power & Pipes

FERC Promotes Greater Participation of Distributed Energy Resources and Demand Response in Energy Markets

The Federal Energy Regulatory Commission (FERC or the Commission) announced during its March 18 open meeting two recent actions to promote greater use of distributed energy resources and demand response. ...more

Morgan Lewis - Power & Pipes

FERC Clarifies Limits on Incidental, Non-Wholesale Activities of EWGs

On February 18, 2021, FERC approved the recertification of Brunner Island, LLC’s status as an exempt wholesale generator (EWG) subject to conditions that limit the economic activity of Brunner unrelated to wholesale power...more

Morgan Lewis - Power & Pipes

FERC Amends Definition of Useful Thermal Energy Output

FERC has issued a final rule, Order No. 874, expanding the eligibility criteria for Qualifying Facilities (QFs) as defined under the Public Utility Regulatory Policies Act of 1978 (PURPA) to enable certain fuel cell–based...more

Morgan Lewis - Power & Pipes

FERC Issues Rule to Implement Revisions to PURPA Regulations

FERC has issued a final rule, Order No. 872, revising the Commission’s regulations governing qualifying small power producers and co-generators (collectively, qualifying facilities or QFs) under the Public Utility Regulatory...more

Orrick, Herrington & Sutcliffe LLP

FERC Revisions to PURPA Rules Create Uncertainty For “Qualifying” Renewable and Cogeneration Projects

On July 16, 2020, the Federal Energy Regulatory Commission (“FERC”) issued a final rule that largely adopts FERC’s proposed revisions to its regulations under the Public Utility Regulatory Policies Act of 1978 (“PURPA”)....more

Morgan Lewis - Power & Pipes

FERC Announces Proposal to Tighten Policy on Tariff Waivers

FERC issued a proposal on May 21 to modify its policy regarding requests for waiver of public utility tariff provisions that are subject to FERC’s review and approval under the Federal Power Act and the Natural Gas Act....more

Akin Gump Strauss Hauer & Feld LLP

Challenge to FERC Disclaimer of Jurisdiction over Net Metering Riles Small-Scale Solar Community

On April 14, 2020, the New England Ratepayers Association (NERA) filed a Petition for Declaratory Order (Petition) asking the Federal Energy Regulatory Commission (FERC or the Commission) to reverse its policy on net...more

Morgan Lewis

Advocacy Group Asks FERC to Reverse Course on Net-Metering Policy

Morgan Lewis on

A nonprofit advocacy group recently asked FERC to overturn a policy that has been in effect for more than a decade and assert jurisdiction over energy sales from rooftop solar facilities and other distributed generation...more

Womble Bond Dickinson

OSW’s Loss of Capacity Payments Under FERC’s Recent PJM Order

Womble Bond Dickinson on

On December 19, 2019, the Federal Energy Regulatory Commission (FERC) gobsmacked the renewables industry by issuing an order that makes it nearly impossible for most new renewable energy projects in the PJM system to sell...more

Morgan Lewis

New Jersey Enacts Bill Authorizing Solicitation of Open Access Transmission Facilities

Morgan Lewis on

In November 2019, New Jersey Governor Phil Murphy issued Executive Order 92 increasing the state’s offshore wind generation goal from 3,500 MW by 2030 to 7,500 MW by 2035....more

Davis Wright Tremaine LLP

FERC Denies Authorization to Acquire Transmission Facilities Due to Adverse Rate Impacts

The Federal Energy Regulatory Commission (FERC) recently denied an application by GridLiance High Plains LLC for authorization to acquire certain transmission assets from People’s Electric Cooperative, a rural electric...more

Orrick, Herrington & Sutcliffe LLP

FERC Order No 845 Reforms Generator Interconnection Process Advances Energy Storage

On April 19, 2018 the Federal Energy Regulatory Commission (FERC) adopted reforms to the procedures (LGIP) and pro forma agreement (LGIA) pursuant to which generators can interconnect with electric utility transmission grids....more

Mitchell, Williams, Selig, Gates & Woodyard,...

LNG Exports/PURPA Modernization: January 19th U.S. House of Representatives Energy Subcommittee Hearing Scheduled

The United States House of Representatives Energy Subcommittee of the House Energy and Commerce Committee has scheduled a January 19th hearing entitled “Legislation Addressing LNG Exports and PURPA Modernization.”...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Public Utility Regulatory Policies Act (PURPA): December 18th National Association of Regulatory Utility Commissioners Letter...

The National Association of Regulatory Utility Commissioners (“NARUC”) sent a December 18th letter to the Chairman and Members of the Federal Energy Regulatory Commission (“FERC”) advocating changes to the Public Utility...more

Akin Gump Strauss Hauer & Feld LLP

Third Circuit Affirms District Court Decision Invalidating New Jersey’s Long-Term Capacity Pilot Program

On September 11, 2014, a three-judge panel of the U.S. Court of Appeals for the Third Circuit unanimously affirmed an October 2013 decision of the U.S. District Court for the District of New Jersey that New Jersey’s Long-Term...more

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